3 Dec 2018
ENTERPRISE MIRAMAR PENINSULA INCORPORATED v WELLINGTON CITY COUNCIL [2018] NZCA 541
- Citation
- [2018] NZCA 541
- Court
- Court of Appeal
The Council's decision was quashed because it erred in law by allowing the purpose of HASHAA to neutralise and diminish mandatory consideration of the matters in s34(1)(b)–(e) (including Part 2 RMA and ss104–104F); those matters must be assessed on their own terms and then weighed in the statutory order. The Council did not err on infrastructure adequacy or on bias grounds. The matter is remitted for reconsideration; the Council may but is not obliged to appoint independent commissioners under s34A.